Islamic divorces in Europe : bridging the gap between European and Islamic legal orders

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Bibliographic Information

Islamic divorces in Europe : bridging the gap between European and Islamic legal orders

Pauline Kruiniger

Eleven International Publishing, c2015

Available at  / 2 libraries

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Note

Includes bibliographical references (p. 443-471)

Description and Table of Contents

Description

This book addresses the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the author scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco and Pakistan, as well as the Dutch, English and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, she provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. The book is therefore a mustread for legal practitioners such as registrars, notaries and members of the judiciary, as well as academics.

Table of Contents

  • 1. Introduction
  • 2. Context
  • Part I Islamic Divorce Laws and Practices
  • 3. Introduction
  • 4. Context: Islamic Law in a Nutshell
  • 5. Divorce in Shari'a Law
  • 6. Divorce in Egypt
  • 7. Divorce in Iran
  • 8. Divorce in Morocco
  • 9. Divorce in Pakistan
  • 10. Conclusion: An Unbridgeable Incompatibility? Part II Recognition of Islamic Divorces in Europe
  • 11. Introduction
  • 12. Context: Migration
  • 13. The Netherlands
  • 14. England
  • 15. France
  • 16. Evaluation and Conclusion
  • Part III Managing Legal Diversity: Exploring Solutions for Its Shortcomings and Restrictions
  • 17. Introduction
  • 18. The EU Context
  • 19. Diversity of Recognition Policies within Europe
  • 20. How Can Legal Diversity Be Managed?
  • 21. Conclusion
  • 22. Conclusions and Recommendations.

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